New York Estate Planning, Wills and Trusts Library: Forms and Practice Manual

Asher H. Miller, Esq. is an attorney with the law firm of Cooperman Lester Miller Carus, LLP in New York City, where he leads the firm’s Wills, Trusts and Estates Department. He has many years of experience in the planning and administration of estates and trusts as well as business succession planning, estate planning for the elderly, tax planning, fiduciary accounting, will contests, and contested accountings. Mr. Miller has represented innumerable individuals and families with moderate to very substantial wealth, as well as many of the major banks and trust companies that serve the New York Metropolitan Area. He is a member of the New York State Bar Association and a member of its Trusts and Estates Law Section Committee on Surrogate’s Court (1984 to present). He is also a member of the Association of the Bar of the City of New York and was a member of its Committee on Estate and Gift Taxation (1994-1997) and of its Committee on Trusts, Estates and Surrogate’s Courts (1989-1990; 1991 1993). He is a member of the Trusts and Estates sections of the American Bar Association and the New York County Lawyers Association. Mr. Miller is also admitted to practice law in the U.S. District Court, Southern and Eastern Districts, the U.S. Court of Appeals, Second Circuit, and the U.S. Tax Court. He received his B.A. and J.D. from Columbia University (Harlan Fiske Stone Scholar) and his LL.M. in Taxation from the New York University in 1986 (cum laude).

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SUMMARY TABLE OF CONTENTS

Part I - Estate Planning: A Practice-Oriented Approach
Chapter 1: How To Use This Book
Chapter 2: Estate Planning: Essential Objectives

Part II - Simple Wills: For Married Couples with Combined Estates Not Subject to Estate Taxation
Chapter 3: Simple Wills For Married Couples With Adult Children
Chapter 4: Simple Wills For Married Couples with Minor Children

Part III - Tax Planning Wills with Credit Shelter/Bypass Trusts In Combination With Marital Bequest (Outright or QTIP Trust): For Married Couples Who Require Estate Tax Planning 
Chapter 5: Strategic Planning with Credit Shelter/Bypass Trusts
Chapter 6: Tax Planning Wills With Credit Shelter/Bypass Trusts In Combination With Outright Marital Bequest - For Married Couples With Combined Estates Exceeding Lifetime Exemption
Chapter 7: Strategic Tax Planning with Marital/QTIP Trusts ("A" Share) In Combination With Bypass Trust ("B" Share): The "A-B" Trust Structure
Chapter 8: Tax Planning Wills with QTIP and Bypass Trusts: For Married Couples Requiring Estate Tax Planning (Pecuniary Formula)
Chapter 9: Tax Planning Wills with Marital ("A") and Credit Shelter ("B") Shares: Use of Pecuniary Credit Shelter And Residuary Marital Bequests (Reverse Pecuniary Formula)

Part IV - Tax Planning Wills with Disclaimer Trusts: Married Couples with Combined Estates Approaching Or Expected To Exceed Lifetime Exemption
Chapter 10: Strategic Planning with Disclaimer Trusts
Chapter 11: Tax Planning Wills With Disclaimer Trusts

Part V - Generation-Skipping Transfer ("GST") Tax Planning With Generation-Skipping Trusts - For Large Estates
Chapter 12: Strategic Planning With Generation-Skipping Trusts
Chapter 13: Tax Planning Wills With Generation-Skipping Trusts

Part VI - Wills For Unmarried Individuals (Single, Widowed, Divorced)
Chapter 14: Wills For Unmarried Individuals (Single, Widowed, Divorced)

Part VII - Revocable (Living) Trusts And Pour-Over Wills
Chapter 15: Strategic Planning With Revocable Trusts As Primary Testamentary Instrument
Chapter 16: Revocable Trusts And Pour-Over Wills For Unmarried Individuals
Chapter 17: Revocable Trusts And Pour-Over Wills For Married Couples Without Tax Planning (Combined Estates Not Exceeding Gift/Estate Tax Exemption)
Chapter 18: Revocable Trusts And Pour-Over Wills With Credit Shelter/Bypass Trusts - For Married Couples Requiring Estate Tax Planning
Chapter 19: Revocable Trusts And Pour-Over Wills With Marital/QTIP Trust In Combination With Credit Shelter/Bypass Trust: The "A-B" Trust Structure
Chapter 20: Revocable Trust And Pour-Over Will For Married Couple With Disclaimer Trust Option Upon Death of Settlor
Chapter 21: Revocable Trust For Married Settlors With Generation-Skipping Trusts

Part VIII - Strategic Estate Planning with Irrevocable Trusts
Chapter 22: Irrevocable Life Insurance Trusts (ILITs)
Chapter 23: Trusts For Minors
Chapter 24: Trusts For Subchapter S Stock
Chapter 25: Retained Interest Trusts: QPRTs And GRATs

Part IX - Alternative Drafting Forms
Chapter 26: Alternative Drafting Forms

Part X - Summaries of Select Estate Planning Practice Areas and Strategies
Chapter 27: Selected Estate Planning Summaries: New York and Federal Law
Chapter 28: Selected Planning Strategies and Techniques
Chapter 29: Charitable Gift Planning

Part XI - Appendices
Appendix A: Economic Growth and Tax Relief Reconciliation Act of 2001
Appendix B: Internal Revenue Code – Estate and Gift Taxes
Appendix C: Treasury Regulations – Estate and Gift Provisions (Under Subtitle B)
Appendix D: Statutory Changes to the New York Estates, Powers and Trusts Law Effective in 2002 Governing Adjustments Between Principal and Income
Appendix E: IRS Revenue Procedures 2003-53 through 2003-60 and 2005-52 through 2005-59 and 2006-53 through 2006-56

Part XII - Indices